Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to consumer protection |
Mar 20, 2015 |
referred to consumer protection |
Senate Bill S4428
2015-2016 Legislative Session
Sponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S4428 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4004
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง349-f, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A5546
2011-2012: A4950
2013-2014: A4300
2017-2018: S1015, A4439
2019-2020: S2757, A5066
2021-2022: S5696
2023-2024: S2454
2015-S4428 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4428 TITLE OF BILL: An act to amend the general business law, in relation to cellular telephone applications PURPOSE: This bill will ensure that purchasers of cellular applications, games, and/or ringtones will have the ability to transfer previously purchased products to phones which have been upgraded and/or returned to the cellular company due to defect or any other reason. Furthermore, if the phone is covered under insurance for loss and/or theft the customer is entitled to have all previously purchased applications, games, and/or ringtones installed in their new cellular phone or has the option of receiving a credit to their account for the purchase amount. SUMMARY OF PROVISIONS: The customer will have the ability to choose to have the software re-installed in the new device or have the option of choosing to receive credit to their account for the purchase price. This will only apply to cellular customers who remain with the same cellular company and will not apply to customers who switch cellular providers, unless a merger or acquisition has taken place with the cellular provider who the customer has switched to.
2015-S4428 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4428 2015-2016 Regular Sessions I N S E N A T E March 20, 2015 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to cellular tele- phone applications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 349-f to read as follows: S 349-F. CELLULAR APPLICATIONS; PROTECTION. 1. AS USED IN THIS SECTION: (A) "CELLULAR TELEPHONE SERVICE SUPPLIER" MEANS A BUSINESS ENTITY WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE. (B) "CELLULAR TELEPHONE" MEANS A CELLULAR MOBILE RADIO TELEPHONE OR OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE. (C) "CELLULAR TELEPHONE SUBSCRIBER" MEANS ANY PERSON ENROLLED IN A CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB- ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED. 2. CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR APPLICATIONS, GAMES AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER SHALL BE ALLOWED TO TRANSFER SUCH PREVIOUSLY PURCHASED PRODUCTS TO CELLULAR TELEPHONES WHICH HAVE BEEN UPGRADED AND/OR RETURNED TO THE CELLULAR TELEPHONE SERVICE PROVIDER DUE TO A DEFECT OR FOR ANY OTHER REASON. WHERE THE CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR LOSS AND/OR THEFT THE CELLULAR TELEPHONE SUBSCRIBER SHALL BE ENTITLED TO HAVE ALL PREVIOUSLY PURCHASED APPLICATIONS, GAMES AND/OR RINGTONES INSTALLED IN THEIR NEW CELLULAR TELEPHONE OR SHALL HAVE THE OPTION OF RECEIVING A CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT. 3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN WITH THE SAME CELLULAR TELEPHONE SERVICE PROVIDER AND SHALL NOT APPLY TO CELLULAR TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE SERVICE PROVIDERS, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06614-01-5
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